You love your adult child, but you know that they will not be able to care for themselves if something happens to you. They are disabled, and though they try hard to provide for themselves, you still have to step in and help with their finances, getting to medical appointments and other simple needs.
You have a family member who can no longer care for themselves. You want to help, but you're not sure what you can do.
When your child needs someone to care for them, they usually come to you. However, if there's ever a day when you can't be there, do you know who will take on that role? A guardian can be assigned to your child, and they can take your place when you cannot be there for them.
If you are asked to take over the care of a child in your life, then you may be someone who is looking into guardianship. It might be necessary for a minor to live with you instead of a parent, and in that case, you may be able to become a legal guardian.
A guardian is a person who is appointed to make legal decisions for someone who cannot. A guardian can be appointed to take care of children after their parents have died, or a guardian may be appointed to care for a disabled adult, for example.
A guardianship or conservatorship is a legal title for when a person is appointed to manage the financial or daily affairs of another person. The individual they care for, called the conservatee, might have physical or mental limitations or be elderly. One might also be appointed to take care of a minor child.
A conservatorship is used for adults who cannot take care of themselves. Children are generally cared for with guardianships, while adults (often elderly ones) are cared for under conservatorships when necessary.
Unless you are employed in the legal field or have been involved in a legal action, much of the terminology is confusing. This is especially so in the family law field, which introduces residents to many previously unheard of legal terms. Two of these terms – guardianships and conservatorships – can arise within the family law area of practice in the state of California.
Do you have a disabled child? Whether your child has a mental or physical disability, you will likely want to do everything possible to provide for their future. There's so much that goes into caring for a disabled child, including at-home renovations, the purchase of equipment, live-in care and more. So, how can you provide for your disabled child's future?
The topic of guardianship is an important one, especially when putting together your estate plan. Finding someone to be the guardian of your children is crucial to planning your life because you just never know when the plan might need to go into effect. An important term you need to know is guardian ad litem. So what is a guardian ad litem in California?